Carter v. Baker et al

Filing 55

ORDER that the Report and Recommendation of Magistrate Judge Carla Baldwin Carry (ECF No. 52 ) is accepted and adopted in its entirety; Plaintiff's motions for a temporary restraining order and for preliminary injunction (ECF Nos. 35 , 36 ) are denied. Signed by Judge Miranda M. Du on 1/29/2019. (Copies have been distributed pursuant to the NEF - LH)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5

***

6

SHANNON CARTER,

7
8
9

Case No. 3:16-cv-00481-MMD-CBC
Plaintiff,

v.
RENEE BAKER, et. al.,

ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
CARLA BALDWIN CARRY

Defendants.

10
11

Before the Court is the Report and Recommendation of United States Magistrate

12

Judge Carla Baldwin Carry (ECF No. 52) (“R&R”) recommending denial of Plaintiff

13

Shannon Carter’s motions for a temporary restraining order and for preliminary injunction

14

(“Motions”) (ECF Nos. 35, 36). Plaintiff had until January 22, 2019 to object to the R&R.

15

(ECF No. 52.) To date, no objection to the R&R has been filed.

16

This Court “may accept, reject, or modify, in whole or in part, the findings or

17

recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party

18

timely objects to a magistrate judge’s report and recommendation, then the court is

19

required to “make a de novo determination of those portions of the [report and

20

recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). Where a party fails

21

to object, however, the court is not required to conduct “any review at all . . . of any issue

22

that is not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985).

23

Indeed, the Ninth Circuit has recognized that a district court is not required to review a

24

magistrate judge’s report and recommendation where no objections have been filed. See

25

United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (disregarding the

26

standard of review employed by the district court when reviewing a report and

27

recommendation to which no objections were made); see also Schmidt v. Johnstone,

28

263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (reading the Ninth Circuit’s decision in

1

Reyna-Tapia as adopting the view that district courts are not required to review “any

2

issue that is not the subject of an objection.”). Thus, if there is no objection to a

3

magistrate judge’s recommendation, then the court may accept the recommendation

4

without review. See, e.g., Johnstone, 263 F. Supp. 2d at 1226 (accepting, without

5

review, a magistrate judge’s recommendation to which no objection was filed).

6

The Magistrate Judge recommends denying Plaintiff’s Motions based on his

7

failure to show a likelihood of success on the merits of his claims. (ECF No. 52.) The

8

Court has reviewed the briefs relating to the Motion and the R&R and agrees with the

9

Magistrate Judge’s recommendation.

10

It

is

therefore

ordered,

adjudged

and

decreed

that

the

Report

and

11

Recommendation of Magistrate Judge Carla Baldwin Carry (ECF No. 52) is accepted

12

and adopted in its entirety.

13
14

It is further ordered that Plaintiff’s motions for a temporary restraining order and
for preliminary injunction (ECF Nos. 35, 36) are denied.

15
16

DATED THIS 29th day of January 2019.

17
18
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

19
20
21
22
23
24
25
26
27
28
2